Which type of witness is restricted to reciting only the facts and may not offer opinion testimony?

Prepare for the Digital Court Reporting Fundamentals Test. Equip yourself with flashcards, questions, and detailed explanations. Excel in your exam!

Multiple Choice

Which type of witness is restricted to reciting only the facts and may not offer opinion testimony?

Explanation:
The key idea is who may testify about opinions versus facts. A lay witness is limited to reporting what they directly observed or experienced—facts from perception—and may only offer simple, non-technical impressions based on that perception. They don’t provide conclusions that require specialized training or expertise. So, a lay witness would recite the facts they witnessed and, if allowed, only basic impressions that come from common sense perception. In contrast, an expert witness is empowered to give opinions grounded in specialized knowledge, training, or methodology; a character witness testifies about a person’s character, which is an opinion about personality rather than a direct event; and a rebuttal witness serves to respond to prior testimony and isn’t defined by a strict “facts-only” role.

The key idea is who may testify about opinions versus facts. A lay witness is limited to reporting what they directly observed or experienced—facts from perception—and may only offer simple, non-technical impressions based on that perception. They don’t provide conclusions that require specialized training or expertise. So, a lay witness would recite the facts they witnessed and, if allowed, only basic impressions that come from common sense perception. In contrast, an expert witness is empowered to give opinions grounded in specialized knowledge, training, or methodology; a character witness testifies about a person’s character, which is an opinion about personality rather than a direct event; and a rebuttal witness serves to respond to prior testimony and isn’t defined by a strict “facts-only” role.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy